Five face Special Criminal Court trial in connection with State's biggest drugs seizure
The five men face charges in relation to the seizure of more than 2.2 tonnes of cocaine that was discovered aboard the MV Matthew off the Cork coast in September 2023. Picture Dan Linehan
Five men charged in connection with the biggest cocaine seizure in the history of the State have been sent forward for trial at the Special Criminal Court.
Saeid Hassani, aged 37, Mykhailo Gavryk, aged 32, Vitaliy Vlasoi, aged 32, Cumali Ozgen, aged 48, and Harold Estoesta, aged 31, were brought to Mallow District Court under a heavy Garda presence and the Garda Armed Support Unit on Tuesday morning.
The men were handed the Book of Evidence containing some 13,000 pages in a large folder when they entered Mallow District Court.
The men face three charges each — two under Section 15A of the Misuse of Drugs Act and one under Section 72 of the Criminal Justice Act.
Inspector Tony O’Sullivan said that the State alleges that the offences were committed within territorial waters on a foreign ship.
The Minister for Foreign Affairs was therefore required to sign two certificates under the Maritime Act. These signed certs were handed into court for all five men.
The Director of Public Prosecutions also signed a certificate handed into court to state that the ordinary courts would be inadequate to secure the effective administration of justice.
Inspector O’Sullivan applied that the five men be sent forward for trial to a sitting of the Special Criminal Court.
Judge Colm Roberts remanded all five men in further custody and sent them forward for trial at a sitting of the Special Criminal Court.
All five men were granted legal aid for a solicitor, one Junior Counsel, one Senior Counsel, one documentary counsel. They were also permitted legal aid for a marine engineer.
Dutch national Cumali Ozgen, Iranian Saeid Hassani, Ukrainians Mykhalo Gavryk and Vitaliy Vlasoi and Filipino national Harold Estoesta were also told that the book of evidence would be translated into their native languages.
The five men face drugs and organised crime charges after some 2.25 tonnes of cocaine with an estimated value of more than €157 million was seized from the large bulk carrier ship, the MV Matthew, off the south east coast in September.
Elite army rangers tight-roped onto the moving vessel in stormy waters on September 26, 2023, and detained the vessel in a joint operation between gardaí, customs officers and the Naval Service.
Gardaí have taken some 290 statements, gathered some 200 exhibits of which 50 are electronic devices, and consulted both internal and external experts in what is the biggest drug seizure in the history of the State.
Judge Roberts warned the five men that if they wished to rely on an alibi they had 14 days to notify the State.
Mr Estoesta asked the court how he could notify of an alibi in 14 days when he was just given the extensive book of evidence today.
He said that the book of evidence was about 1,300 pages and he “might have an alibi for every page.”
“Do you think 14 days is enough time?” he asked.
Judge Roberts said that Mr Estoesta’s lawyer would be able to advise him. He was represented in court by solicitor Aiden Desmond.
“I appreciate there is a large amount of evidence to go through,” Judge Roberts said.
“I am granting legal aid for a solicitor, Junior Counsel, Senior Counsel and documentary counsel and directing that the book of evidence is translated into your own native language.” Mr Estoesta said: “Thank you Mr judge. Am I able to get a maritime expert as well?
“Mr judge, I am not an engineer. I’m in the marine transport agency. I don’t want them to mischaracterise my work.”
Judge Roberts said that a marine engineer was permitted and noted that Mr Estoesta had consistently held the position that he was merely working as crew on the boat and was innocent of any wrongdoing.
“I can see he’s staying healthy in prison. He’s looking fitter than last time. I wish you the best,” he said.
Access to the MV Matthew was also requested by legal representatives. Judge Roberts said that the State had already agreed to that and he believed this should be possible now that the book of evidence had been served.
Don Ryan, solicitor for Mr Hassani requested that the extensive book of evidence be made available in digital format. Inspector O’Sullivan told the court that this was being done.
Mr Ryan also asked that his client remain in Cork Prison. Now that the book of evidence had been served he said he was concerned that he may be moved to Dublin.
But Judge Roberts said that specifying which prison someone was sent to was “unfortunately not in my power.”
“I can send people to prison and they are out the next day, I see them walking before me.” He agreed with Mr Ryan that remaining in Cork Prison would grant Mr Hassani more convenient proper access to his lawyers, but he said that prisons managed the care of prisoners.
“Best of luck, that’s all I can say,” Judge Roberts said as one of the men left the court.
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